Yes, you can. Florida law does not require your spouse to come to the United States or formally consent to the divorce. Under Florida Statute § 61.021, the court is concerned only with your residency. You must have lived in Florida for at least six months before filing a Petition for Dissolution of Marriage.
Proving residency is straightforward. Your Florida driver’s license, state ID card, voter registration, or sworn testimony from coworkers may all serve as evidence. If you’ve lived here for six months, you have every right to start the process. For purposes of obtaining the divorce itself, it doesn’t matter where your husband or wife currently lives.
Divorce Without Your Spouse’s Presence: How Does It Work?
Florida is a no-fault divorce state under Chapter 61 of the Florida Statutes. You do not have to prove who was right and who was wrong. A simple statement that the marriage is irretrievably broken is enough.
The required documents must be prepared and served on your spouse. If your spouse receives notice but chooses to ignore the case and fails to respond within the required timeframe, the judge may enter a default judgment in your favor.
There is an important detail here that our attorneys always discuss during consultations. The judge can dissolve the marriage itself. However, if you want the court to order alimony or divide property, the court must have jurisdiction over your spouse under § 48.193, Florida Statutes. For example, this may apply if your spouse conducted business in Florida, owned property here, or if the two of you previously lived in Florida together.
How Long Does It Take to Serve Divorce Papers Overseas?
This is usually the longest stage of the process. A U.S. court must be satisfied that your husband or wife has been properly notified about the divorce proceedings. If your spouse lives in a country that is a signatory to the 1965 Hague Service Convention, the documents will be transmitted through that country’s designated authorities.
Here’s what that process typically looks like:
- The court documents are translated into the official language of the country where your spouse lives.
- The package is transmitted through the appropriate governmental channels.
- A local process server or authorized official must personally deliver the documents and obtain proof of service, after which you receive an official certificate confirming delivery.
This process can take up to a year.
What Happens to the Home and Savings?
Under § 61.075, Florida Statutes, all marital property is subject to equitable distribution. The court will take into account real estate, bank accounts, and even foreign assets acquired during the marriage.
Trying to hide assets overseas is a bad idea. Florida courts take that very seriously and can impose significant penalties. At the same time, it’s important to keep your expectations realistic. A Florida judge can determine ownership rights in a court order, but actually transferring title to a house or apartment located abroad will usually require additional steps under the laws of that country. We can guide you through that process.
Who Will the Child Live With?
This is often the most sensitive issue.
Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), incorporated into Chapter 61, Part II of the Florida Statutes. The law is designed to protect children and clearly establishes which court has authority to decide custody matters.
Let’s say your child has been living with you in the United States for several years, attends school or daycare here, and has built a life in Florida. In that case, Florida is generally considered the child’s Home State. The court will make custody decisions based solely on the child’s best interests—not on the wishes of a parent living abroad.
The attorney’s role is to help legally secure your parental rights. If there is a risk that one parent is wrongfully retaining a child in another country without consent, the protective mechanisms of the 1980 Hague Convention on International Child Abduction may come into play.
How Can an Attorney Help?
An international divorce requires careful attention to detail. Mistakes in documentation or inaccurate translations can delay the process for months.
Our US family law attorneys can take the endless paperwork off your shoulders and provide a clear, step-by-step roadmap for what needs to be done. Contact us, and we’ll review your situation in detail and help you turn the page with confidence and peace of mind.
We understand that an international divorce is far more than simply filing forms in a Florida courthouse. It’s a complex puzzle where the laws of multiple countries intersect with immigration issues, family law, and sometimes even business and corporate matters.